Full Text of this Amendment

SA 988. Mr. INHOFE submitted an amendment intended to be proposed by him to the bill S. 1082, to amend the Federal Food, Drug, and Cosmetic Act to reauthorize and amend the prescription drug user fee provisions, and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:
SEC. __. CHILD MEDICATION SAFETY.
(a) Required Policies and Procedures.--
(1) IN GENERAL.--As a condition of receiving funds under any program or activity administered by the Secretary of Education, not later than 1 year after the date of enactment of this section, each State shall develop and implement policies and procedures prohibiting school personnel from requiring a child to obtain a prescription for substances covered by section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) or a psychotropic drug as a condition of attending school or receiving
services.
(2) RULE OF CONSTRUCTION.--Nothing in paragraph (1) shall be construed to create a Federal prohibition against teachers and other school personnel consulting or sharing classroom-based observations with parents or guardians regarding a student's academic performance or behavior in the classroom or school, or regarding the need for evaluation for special education or related services under section 612(a)(3) of the Individuals with Disabilities Education Act (20 U.S.C. 1412(a)(3)).
(3) PROHIBITION OF PAYMENT OF FUNDS.--No Federal education funds may be paid to any local educational agency or other instrument of government that uses the refusal of a parent or legal guardian to provide a substance covered by section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) or a psychotropic drug for such individual's child as the basis of a charge of child abuse, child neglect, education neglect, or medical neglect until the agency or instrument demonstrates that
it is no longer using such refusal as a basis of a child abuse, child neglect, education neglect, or medical neglect charge.
(b) Definitions.--In this section:
(1) CHILD.--The term ``child'' means any person within the age limits for which the State provides free public education.
(2) PSYCHOTROPIC DRUG.--The term ``psychotropic drug'' means a drug subject to section 505 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355) that is not a substance covered by section 202(c) of the Controlled Substances Act (21 U.S.C. 812(c)) but is--
(A) used in the diagnosis, treatment, or prevention of a disease; and
(B) intended to have an altering effect on perception, emotion, or behavior.
(3) STATE.--The term ``State'' means each of the 50 States, the District of Columbia, and the Commonwealth of Puerto Rico.
(c) GAO Study and Review.--
(1) REVIEW.--The Comptroller General of the United States shall conduct a review of--
(A) the variation among States in definitions of psychotropic medications as used in regard to State jurisdiction over public education;
(B) the prescription rates of medications used in public schools to treat children diagnosed with attention deficit disorder, attention deficit hyperactivity disorder, and other disorders or illnesses;
(C) which medications used to treat such children in public schools are listed under the Controlled Substances Act; and
(D) which medications used to treat such children in public schools are not listed under the Controlled Substances Act, including the properties and effects of any such medications, including the incidence of hallucinations, psychosis, violence, suicide, heart problems, significant weight gain, or diabetes that students may experience while on these medications.
(2) REPORT.--Not later than 1 year after the date of enactment of this section, the Comptroller General of the United States shall prepare and submit a report that contains the results of the review under paragraph (1).

(As printed in the Congressional Record for the Senate on May 1, 2007.)